Securities are crucial to any business, as they refer to various financial instruments set in place by corporations which are made for sale to the public. The litigation of securities stands for lawsuits that may arise due to fraud and are filed by investors against the issuer of such security.
In the U.S., most cases involving securities litigation are filed based on the provisions of the Securities Act of 1933 and the anti-fraud provisions of the 1934 Securities Exchange Act. Securities litigation is a highly specialized facet of legal practice since securities laws are complicated and often involve very sensitive matters and present legitimate threats of exposure that can severely damage an individual or corporation’s image.
Lawyers tasked with securities litigation cases typically interview people in possession of documents that are requested for by the Financial Industry Regulatory Authority (FINRA). They then set up an appointment with the client to prepare their testimony before either the Department of Justice or the Securities and Exchange Commission.
Securities litigation lawyers then thoroughly review the client’s documents and prepare a privilege log while continually coordinating with the SEC. They would then draft any brief that supports a motion to dismiss any securities fraud complaint against the client.
Working within the canopy federal securities laws mentioned above, the lawyer will then plan the strategy with a joint defense group and prepare an oral argument for a motion to assert claims. They then provide a deposition outline for any witness in the securities fraud case.
Joe Tacopina is the founder and the Managing Partner of the Manhattan-based Law Offices of Tacopina & Seigel. He specializes in civil, criminal, and securities litigation. Visit this website for more on Joe’s firm.